Direct Request (CEACR) - adopted 2003, published 92nd ILC session (2004)

Abolition of Forced Labour Convention, 1957 (No. 105) - Suriname (Ratification: 1976)

The Committee notes the Government’s reply to its earlier comments.

Article 1(a) of the Convention. For a number of years, the Committee has been referring to the National Decree of 20 July 1956 which requires prior authorization of meetings open to the public and other meetings in the district of Paramaribo under section 5 of the Royal Decree of 26 October 1933 (on the exercise of the right of assembly); as well as sections 8 and 9 of the 1933 Decree which provide for penalties involving compulsory labour.

The Committee also noted that section 1 of Decree No. B-10 of 29 June 1983 prohibits the import, carrying, sale, distribution, possession, storage, production and reproduction of prescribed publications which, in the opinion of the competent authorities, may seriously disturb the public order and national security; section 2 of the Decree provides for penalties of imprisonment and fines. The Committee referred to paragraph 138 of its General Survey of 1979 on the abolition of forced labour, where it indicated that, in so far as the relevant provisions are enforced by penalties involving an obligation to perform labour, they may accordingly lead to the imposition of compulsory labour as a punishment for expressing political or ideological views; the same possibility arises where the authorities enjoy wide powers to prohibit publications if in their opinion such measure is in the public interest.

The Committee has noted the Government’s repeated indications in its earlier reports that neither Decree No. B-10 nor the National Decree of 20 July 1956 was applied in practice and that the Ministry of Justice had been asked to bring them into conformity with democratic principles. In its latest report, the Government indicates that this matter has once again been brought to the attention of the Ministry of Justice, which is the competent authority to supply information on the validity of legal provisions which are out of practice or on measures to repeal them. The Government also indicates that, according to recent information received from the Ministry of Justice, the status of the above legislation has not changed.

The Committee trusts that the necessary measures will at last be taken in order to bring the legislation into conformity with the Convention and the indicated practice. It requests the Government to provide, in its next report, information on progress achieved in this regard.

Article 1(c) and (d). In its earlier comments the Committee referred to certain penal provisions applicable to seafarers which permit penalties of imprisonment (involving compulsory prison labour) to be imposed for certain breaches of labour discipline by seafarers, even in situations where the ship or the life or health of persons on board are not endangered. The Committee noted the Government’s statement that a draft decree prepared by the Minister of Justice to repeal sections 456-458, 462, 463 and 468, and to amend sections 455 and 464, of the Penal Code applying to seafarers would be submitted to the competent authority. The Government also indicated that the draft decree had been approved by the Council of Ministers, but had not yet been adopted by the National Assembly, and that this matter would be brought to the attention of the Ministry of Justice.

In its latest report, the Government indicates that the matter has been once again brought to the attention of the Ministry of Justice, but, according to the information received from the Ministry, the situation has not changed. As this question has been the subject of the Committee’s comments for many years, the Committee trusts that the necessary measures will soon be taken to bring the legislation into conformity with the Convention and that the Government will shortly be able to report that this matter has finally been settled.